LEGL2003

Competition Law and Policy

10 Units 2000 Level Course

Not available in 2014

Previously offered in 2007, 2005, 2004

Focuses on the operation of Parts IV and Parts III A of the Trade Practices Act 1974 together with the enforcement provisions of the Act. Topics include various types of contracts, arrangements and understandings which substantially lessen competition, monopolisation, exclusive dealing, resale price maintenance and anti-competitive mergers. Reference is made to the common law relating to restraint of trade and the constitutional basis of the Act, but not to consumer protection provisions of the Trade Practices Act.

Objectives 1. To equip students with a basic knowledge of the rationale of competition law
2. To analyse the various provisions of the Trade Practices Act and the reasons for such provisions
3. To equip economics students with basic legal knowledge to enable them to realise the legal issues raised in competition law.
4. To enable all students to evaluate critically court decisions and economic commentary in relation to competition law and policy
Content 1. History of the common law of restraint of trade
2. The philosophical basis for competition law
3. Practices banned under the Trade Practices Act per se
- price fixing
- boycotting
- resale price maintenance
- third line forcing
4. Practices banned after a competition or other analysis
- misuse of market power
- exclusive dealing
5. Access provisions of the legislation
6. Remedies and enforcemet procedures under the Trade Practices Act
7. Analysis and criticism of the concept of competition law and its development in Australia.

NOTE: This course does not deal with consumer protection provisions of the Trade Practices Act.
Replacing Course(s) na
Transition na
Industrial Experience 0
Assumed Knowledge LEGL1001
Modes of Delivery Internal Mode
Teaching Methods Lecture
Assessment Items
Essays / Written Assignments Research paper
Examination: Formal
Contact Hours Lecture: for 3 hour(s) per Week for Full Term